§ 21.40.020. Definitions of specialized terms and phrases.

As used in this title, the following terms and phrases shall have the meanings ascribed to them in this section, unless the context in which they are used clearly requires otherwise.

(a)

Definitions, "A." The following definitions are in alphabetical order:

Agent. A person authorized in writing by a property owner or lessee to represent and act for a property owner in contacts with city employees, committees, commissions, and the council, regarding matters regulated by this title.

Alley. A public or private roadway, generally not more than 30 feet wide that provides vehicle access to the rear or side of parcels having other public street frontage, that is not intended for general traffic circulation.

Approval. Includes both approval and approval with conditions.

(b)

Definitions, "B." The following definitions are in alphabetical order:

Building official. The City of Diamond Bar employee or independent contractor designated by the council as the building official.

(c)

Definitions, "C." The following definitions are in alphabetical order:

California Environmental Quality Act (CEQA). California Public Resources Code sections 21000 et seq.

City. The City of Diamond Bar, State of California, referred to in this title as the "city."

City council. The Diamond Bar City Council, referred to in this title as the "council."

City engineer. The City of Diamond Bar employee or independent contractor designated by the council as city engineer.

Commission. See "planning commission."

Common interest development. Includes a condominium, community apartment project, townhouse, planned development, or stock cooperative, in compliance with Civil Code § 1351.

Community apartment project. A development in which an undivided interest in land is coupled with the right of exclusive occupancy of any apartment on the land, as defined in Business and Professions Code § 11004, and Civil Code § 1351(d).

Condominium. As defined by Civil Code § 951(f), a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map. The area within the boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to any land except by easements for access and, if necessary, support.

County. The County of Los Angeles, State of California.

County recorder. The Los Angeles County Recorder.

Cul-de-sac. A street which is designed to remain permanently closed at one end.

(d)

Definitions, "D." The following definitions are in alphabetical order:

Density. The number of housing units per net acre, unless otherwise stated, for residential uses.

Department. The Diamond Bar Community and Development Services Department, referred to in this title as "department."

Development. Any construction activity or alteration of the landscape, its terrain contour or vegetation, including the erection or alteration of structures. New development is any construction, or alteration of an existing structure or land use, or establishment of a land use, after the effective date of this title.

Development code. The Diamond Bar Development Code, title 22 of the Diamond Bar Municipal Code, referred to herein as "the development code."

Director. Where the term "director" is used in this title, the title shall mean the deputy city manager responsible for community and development services.

Dwelling unit. Any structure designed or used for the shelter or housing of one or more persons.

(e)

Definitions, "E." The following definitions are in alphabetical order:

Elevation. Height or distance above sea level.

Exaction. A requirement for the dedication of land or the payment of a fee, imposed as a condition of development project approval, in response to the anticipated impacts of a proposed project on the community.

(f)

Definitions, "F." The following definitions are in alphabetical order:

Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

Fill. A deposit of earth material placed by artificial means.

Finish grade. See "grade."

(g)

Definitions, "G." The following definitions are in alphabetical order:

General plan. The City of Diamond Bar General Plan, including all elements thereof and all amendments thereto, as adopted by the city council under the provisions of Government Code § 65300 et seq., and referred to in this title as the "general plan."

Grade. The ground surface immediately adjacent to the exterior base of a structure, typically used as the basis for measurement of the height of the structure.

(1)

Existing or natural grade. The contour of the ground surface before grading.

(2)

Finish grade. The final contour of the ground surface of a site that conforms to the approved grading plan.

(3)

Natural grade. The elevation of the ground level in its natural state before grading, filling or construction.

(4)

Street grade. The elevation of the centerline of the street adjacent to the site proposed for development.

Grading. To bring an existing surface to a designed form by excavating, filling, or smoothing operations.

(1)

Conventional grading. See Figure 4-1.

a.

Conventionally graded slopes are characterized by essentially linear, flat slope surfaces with unvarying gradients and angular slope intersections. Resultant pad configurations are rectangular.

b.

Slope drainage devices are usually constructed in a rectilinear configuration in exposed positions.

c.

Landscaping is applied in random or geometric patterns.

(2)

Contour grading. See Figure 4-2.

a.

Contour-graded slopes are basically similar to conventionally graded slopes except that in plan the slopes are curvilinear rather than linear, the gradients are unvarying and profiles are planar, transition zones and slope intersections have generally some rounding applied. Resultant pad configurations are mildly curvilinear.

b.

Slope drainage devices are usually constructed in a geometric configuration and in an exposed position on the slope face.

c.

Landscaping is applied in random or geometric patterns.

(3)

Landform grading. See Figure 4-3.

a.

Landform grading replicates the irregular shapes of natural slopes resulting in aesthetically pleasing elevations and profiles. Landform-graded slopes are characterized by continuous series of concave and convex forms interspersed with mounds that blend into the profiles, not linear in plan view, and varying slope gradients, and significant transition zones between man-made and natural slopes. Resultant pad configurations are irregular.

b.

Slope down-drain devices either follow the natural line of the slopes or are tucked away in special swale and berm combinations in order to conceal the drains from view. Exposed segments in high visibility areas are treated with natural rock.

c.

Landscaping becomes a "revegetation" process and is applied in patterns that occur in nature: Trees and shrubs are concentrated largely in concave areas, while convex portions are planted mainly with groundcovers.

(h)

Definitions, "H." The following definitions are in alphabetical order:

Hearing officer. The Diamond Bar Community and Development Services Department employee designated by the community development director as the city's hearing officer, with the authority and responsibility to conduct public hearings and approve or disapprove subdivision applications in compliance with article II (Subdivision Review Procedures).

Hillside. A parcel of land which contains grades in excess of ten percent.

(i)

Definitions, "I." The following definitions are in alphabetical order:

Improvement. Any public infrastructure, including streets, storm drains, sewers and the like.

(j)

Definitions, "J." No definitions of terms beginning with the letter "J" are used at this time.

(k)

Definitions, "K." No definitions of terms beginning with the letter "K" are used at this time.

Figures 4-1—4-3

(l)

Definitions, "L." The following definitions are in alphabetical order:

Land use permit. Authority granted by the city to use a specified site for a particular purpose, including conditional use permits and minor conditional use permits, planned development permits, temporary use permits, variances and minor variances, and zoning clearances, as established by article IV (Land Use and Development Permit Procedures) of the development code.

Lot or parcel. A recorded lot or parcel of real property under single ownership, lawfully created as required by the subdivision map act and city ordinances, including this title. Types of lots include the following. See Figure 4-4 (lot types).

(1)

Corner lot. A lot located at the intersection of two or more streets, where they intersect at an interior angle of not more than 135 degrees. If the intersection angle is more than 135 degrees, the lot is considered an interior lot.

(2)

Flag lot. A lot having access from the building site to a public street by means of private right-of-way strip that is owned in fee.

(3)

Interior lot. A lot abutting only one street.

(4)

Key lot. An interior lot, the front of which adjoins the side property line of a corner lot.

(5)

Reverse corner lot. A corner lot, the rear of which abuts a key lot.

(6)

Through lot. A lot with frontage on two generally parallel streets.

Figures 4-4 and 4-5

Lot area. Gross lot area is the total area included within the lot lines of a lot, exclusive of adjacent dedicated street rights-of-way. Net lot area is exclusive of easements, including those for utilities or flood control channels, which limit the use of the lot.

Lot coverage. See "site coverage."

Lot depth. The average linear distance between the front and the rear lot lines or the intersection of the two side lot lines if there is no rear line. See Figure 4-5 (lot features). The director shall determine lot depth for parcels of irregular configuration.

Lot frontage. The boundary of a lot adjacent to a public street right-of-way.

Lot line or property line. Any recorded boundary of a lot. Types of lot lines are as follows (see Figure 4-5 (lot features)):

(1)

Front lot line. On an interior lot, the property line separating the parcel from the street. The front lot line on a corner lot is the line with the shortest frontage. (If the lot lines of a corner lot are equal in length, the front lot line shall be determined by the director.) On a through lot, both lot lines are front lot lines and the lot is considered to have no rear lot line.

(2)

Interior lot line. Any lot line not abutting a street.

(3)

Rear lot line. A property line that does not intersect the front lot line, which is most distant from and most closely parallel to the front lot line.

(4)

Side lot line. Any lot line that is not a front or rear lot line.

Lot width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines. See Figure 4-5 (lot features). The director shall determine lot width for parcels of irregular shape.

(m)

Definitions, "M." The following definitions are in alphabetical order:

Map act. See "subdivision map act."

Mobile home park. Any site that is planned and improved to accommodate two or more mobile homes used for residential purposes, or on which two or more mobile home lots are rented, leased, or held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for residential purposes.

Municipal Code. The City of Diamond Bar Municipal Code, as it may be amended from time to time by the council.

(n)

Definitions, "N." The following definitions are in alphabetical order:

Natural grade. See "grade."

Natural slope. See "slope."

Nonconforming parcel. A parcel that was legally created prior to the adoption of this title and which does not conform to current code provisions/standards (e.g., access, area or width requirements, etc.) prescribed for the zoning district in which the parcel is located.

(o)

Definitions, "O." The following definitions are in alphabetical order:

Occupancy. All or a portion of a structure occupied by one tenant.

Open space, common. Outdoor areas within a development project that may be used by all residents/tenants of the site.

Open space, private. An outdoor area within a development project that is reserved for use by the residents/tenants of a specific unit or portion of the site.

(p)

Definitions, "P." The following definitions are in alphabetical order:

Pad. A level area created by grading to accommodate development.

Parcel. See "lot, or parcel."

Permitted use. A use of land identified by article II (zoning districts and allowable land uses) of the development code as being allowed in a particular zoning district, subject to the approval of a zoning clearance, in compliance with chapter 22.46 (Zoning Clearances).

Person. Any individual, firm, copartnership, corporation, company, association, joint stock association; city, county, state, or district; and includes any trustee, receiver, assignee, or other similar representative thereof.

Planned development. As defined by Civil Code § 1351(k), a development (other than a community apartment project, condominium, or stock cooperative) having either or both of the following features:

(1)

The common area is owned either by an association or in common by the owners of the separate interests who possess appurtenant rights to the beneficial use and enjoyment of the common area; and/or

(2)

A power exists in the association to enforce an obligation of an owner of a separate interest with respect to the beneficial use and enjoyment of the common area by means of an assessment which may become a lien upon the separately owned parcel or area in compliance with Civil Code § 1367.

Planning commission. The Diamond Bar Planning Commission, appointed by the Diamond Bar City Council in compliance with Government Code § 65101, referred to throughout this title as the "commission."

Primary structure. A structure that accommodates the primary use of the site.

Primary use. The main purpose for which a site is developed and/or used, including the activities that are conducted on the site a majority of the hours during which activities occur.

(q)

Definitions, "Q." No definitions of terms beginning with the letter "Q" are used at this time.

(r)

Definitions, "R." The following definitions are in alphabetical order:

Review authority. The individual or official city body (the community development director, planning commission, or city council) identified by this title as having the responsibility and authority to review, and approve or disapprove the permit applications described in article II (Subdivision Review Procedures).

(s)

Definitions, "S." The following definitions are in alphabetical order:

Significant ecological area (SEA). Areas designated by the County of Los Angeles as containing significant biological resources. A portion of the city and the majority of its sphere of influence are within the Tonner Canyon/Chino Hills SEA 15, which contains a significant regional riparian woodland complex, supporting a variety of habitats containing representative plant and animal groups.

Site. A parcel or adjoining parcels under single ownership or single control, considered a unit for the purposes of development or other use.

Slope. An inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance (run) to vertical distance (rise), or change in elevation. The percent of any given slope is determined by dividing the rise by the run, multiplied by 100.

(1)

Average slope. Average slope shall be determined by using the following formula:

S = 0.002296 (I x L) / A

Where:

S	=	Average slope of the parcel in percent
A	=	Total number of acres in the parcel
L	=	Length of contour lines in scaled feet
I	=	Vertical distance of contour interval in feet

 

(2)

Man-made slope. A manufactured slope consisting wholly or partially of either cut or filled material.

(3)

Natural slope. A slope which is not man-made. A natural slope may retain natural vegetation during adjacent grading operations or it may be partially or completely removed and replanted.

Slope transition. The area where a slope bank meets the natural terrain or a level graded area either vertically or horizontally.

State. The State of California.

Stock cooperative. A development defined by Business and Professions Code § 11003.2 and Civil Code § 1351(m), where a corporation is formed to hold title to improved real property and the shareholders in the corporation receive a right of exclusive occupancy in a portion of the real property.

Street. A public thoroughfare accepted by the city, which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road, and any other thoroughfare except an alley as defined in this subsection.

Street line. The boundary between a street right-of-way and property.

Structure. Anything constructed or erected, the use of which requires attachment to the ground or attachment to something located on the ground. For the purposes of this title, the term "structure" includes "buildings."

Structure, primary. See "primary structure."

Subdivider. A person, firm, corporation, partnership or association, a governmental agency, public entity, or public utility, or the grantor to any such agency, entity, utility, or subsidiary, who proposes to subdivide for themselves or others, except employees and consultants or other persons or entities acting in this capacity on behalf of the subdivider.

Subdivision. The division, by any subdivider, of any unit or units of improved or unimproved land or any portion thereof shown on the latest equalized Los Angeles County assessment roll as a unit or contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. "Subdivision" includes a condominium project, as defined in subdivision (f) of § 1351 of the Civil Code, a community apartment project, as defined in subdivision (d) of § 1351 of the Civil Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in subdivision (m) of § 1351 of the Civil Code.

Subdivision map act, or map act. Division 2, title 7 of the California Government Code, commencing with § 66410 as presently constituted, and any amendments to those provisions.

(t)

Definitions, "T." No definitions beginning with the letter "T" are used at this time.

(u)

Definitions, "U." The following definitions are in alphabetical order:

Use. The purpose for which land or a structure is designed, arranged, intended, occupied, or maintained.

Use, primary. See "primary use."

(v)

Definitions, "V." No definitions of terms beginning with the letter "V" are used at this time.

(w)

Definitions, "W." No definitions of terms beginning with the letter "W" are used at this time.

(x)

Definitions, "X." No definitions of terms beginning with the letter "X" are used at this time.

(y)

Definitions, "Y." No definitions of terms beginning with the letter "Y" are used at this time.

(z)

Definitions, "Z." The following definitions are in alphabetical order:

Zoning district. Any of the residential, commercial, industrial, special-purpose, or combining districts established by article II of the development code (zoning districts and allowable land uses), within which certain land uses are allowed or prohibited, and certain site planning and development standards are established (e.g., setbacks, height limits, site coverage requirements, etc.).

(Ord. No. 01(1999), § B, 2-2-99)